By Allen, Greenberg, Woolley, Culberson, H.B. No. 489
McClendon
Substitute the following for H.B. No. 489:
By Allen C.S.H.B. No. 489
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the applicability of a sexual offender registration
1-3 program to certain defendants and to the procedures used to
1-4 register and monitor sex offenders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 1(4) and (5), Article 6252-13c.1,
1-7 Revised Statutes, are amended to read as follows:
1-8 (4) "Released" means discharged, paroled, placed in a
1-9 nonsecure community program for juvenile offenders, or placed on
1-10 juvenile probation, community supervision, or mandatory
1-11 supervision.
1-12 (5) "Reportable conviction or adjudication" means a
1-13 conviction or adjudication, regardless of the pendency of an
1-14 appeal, that is:
1-15 (A) a conviction for violation of Section 21.11
1-16 (Indecency with a child), 22.011 (Sexual assault), or 22.021
1-17 (Aggravated sexual assault), Penal Code, or a conviction for a
1-18 violation of Section 25.02 (Prohibited sexual conduct), Penal Code,
1-19 if the defendant was a person 18 years of age or older at the time
1-20 of the violation;
1-21 (B) a conviction for violation of Section 43.03
1-22 (Promotion of prostitution), 43.04 (Aggravated promotion of
1-23 prostitution), 43.05 (Compelling prostitution), 43.23 (Obscenity),
1-24 43.25 (Sexual performance by a child), or 43.26 (Possession or
2-1 promotion of child pornography), Penal Code;
2-2 (C) a conviction for a violation of Section
2-3 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
2-4 committed the offense with intent to violate or abuse the victim
2-5 sexually;
2-6 (D) a conviction for a violation of Section
2-7 30.02 (Burglary), Penal Code, if the offense is punishable under
2-8 Subsection (d) of that section and the defendant committed the
2-9 offense with intent to commit a felony listed in Paragraph (A) or
2-10 (C) of this subdivision;
2-11 (E) the second conviction for a violation of
2-12 Section 21.07(a)(4) (Public lewdness), 21.08 (Indecent exposure),
2-13 43.22 (Obscene display or distribution), or 43.251 (Employment
2-14 harmful to children), Penal Code;
2-15 (F) a conviction for an attempt, conspiracy, or
2-16 solicitation, as defined by Chapter 15, Penal Code, to commit an
2-17 offense listed in Paragraph (A), (B), (C), or (D) of this
2-18 subdivision;
2-19 (G) an adjudication of delinquent conduct based
2-20 on a violation of one of the offenses listed in Paragraph (A), (B),
2-21 (C), (D), or (F) of this subdivision or for which two violations of
2-22 the offenses listed in Paragraph (E) of this subdivision are shown;
2-23 (H) a deferred adjudication for an offense
2-24 listed in Paragraph (A), (B), (C), (D), or (F) of this subdivision;
2-25 (I) a conviction under the laws of another state
2-26 for an offense containing elements that are substantially similar
2-27 to the elements of an offense listed under Paragraph (A), (B), (C),
3-1 (D), or (F) of this subdivision; or
3-2 (J) the second conviction under the laws of
3-3 another state for an offense containing elements that are
3-4 substantially similar to the elements of an [the] offense listed in
3-5 Paragraph (E) of this subdivision [indecent exposure].
3-6 SECTION 2. Section 2(e), Article 6252-13c.1, Revised
3-7 Statutes, is amended to read as follows:
3-8 (e) If a person subject to registration under this article
3-9 does not move to an intended residence by the end of the seventh
3-10 day after the date on which the person is released [on community
3-11 supervision, parole, or mandatory supervision] or the date on which
3-12 the person leaves a previous residence, the person shall:
3-13 (1) report to the juvenile probation officer,
3-14 community supervision and corrections department officer, or [the]
3-15 parole officer supervising the person by not later than the seventh
3-16 day after the date on which the person is released or the date on
3-17 which the person leaves a previous residence, as applicable, and
3-18 provide the officer with the address of the person's temporary
3-19 residence; and
3-20 (2) continue to report to the person's supervising
3-21 officer not less than weekly during any period of time in which the
3-22 person has not moved to an intended residence and provide the
3-23 officer with the address of the person's temporary residence.
3-24 SECTION 3. Section 3, Article 6252-13c.1, Revised Statutes,
3-25 is amended to read as follows:
3-26 Sec. 3. PRERELEASE NOTIFICATION. (a) Before a person who
3-27 will be subject to registration under this article is due to be
4-1 released from a penal institution, the Texas Department of Criminal
4-2 Justice or Texas Youth Commission, as appropriate, shall determine
4-3 the person's level of risk to the community and assign to the
4-4 person a risk level using criteria established by the department
4-5 or commission, as appropriate, and an official of the penal
4-6 institution shall:
4-7 (1) inform the person that:
4-8 (A) not later than the seventh day after the
4-9 date on which the person is released [on community supervision,
4-10 parole, or mandatory supervision] or the date on which the person
4-11 moves from a previous residence to a new residence in this state,
4-12 the person must:
4-13 (i) register or verify registration with
4-14 the local law enforcement authority in the municipality or county
4-15 in which the person intends to reside; or
4-16 (ii) if the person has not moved to an
4-17 intended residence, report to the juvenile probation officer,
4-18 community supervision and corrections department officer, or [the]
4-19 parole officer supervising the person;
4-20 (B) not later than the seventh day before the
4-21 date on which the person moves to a new residence in this state or
4-22 another state, the person must report in person to the local law
4-23 enforcement authority with whom the person last registered and to
4-24 the juvenile probation officer, community supervision and
4-25 corrections department officer, or [the] parole officer supervising
4-26 the person; and
4-27 (C) not later than the 10th day after the date
5-1 on which the person arrives in another state in which the person
5-2 intends to reside, the person must register with the law
5-3 enforcement agency that is identified by the department as the
5-4 agency designated by that state to receive registration
5-5 information, if the other state has a registration requirement for
5-6 sex offenders;
5-7 (2) require the person to sign a written statement
5-8 that the person was informed of the person's duties as described by
5-9 Subdivision (1) of this subsection or, if the person refuses to
5-10 sign the statement, certify that the person was so informed;
5-11 (3) obtain the address where the person expects to
5-12 reside on the person's release and other registration information,
5-13 including a photograph and complete set of fingerprints; and
5-14 (4) complete the registration form for the person.
5-15 (b) On the seventh day before the date on which a person who
5-16 will be subject to registration under this article is due to be
5-17 released from a penal institution, or on receipt of notice by a
5-18 penal institution that a person who will be subject to registration
5-19 under this article is due to be released in less than seven days,
5-20 an official of the penal institution shall send the person's
5-21 completed registration form and risk level to the department and
5-22 to:
5-23 (1) the applicable local law enforcement authority in
5-24 the municipality or county in which the person expects to reside,
5-25 if the person expects to reside in this state; or
5-26 (2) the law enforcement agency that is identified by
5-27 the department as the agency designated by another state to receive
6-1 registration information, if the person expects to reside in that
6-2 other state and that other state has a registration requirement for
6-3 sex offenders.
6-4 (c) If a person who is subject to registration under this
6-5 article receives an order deferring adjudication, placing the
6-6 person on juvenile probation or community supervision, or imposing
6-7 only a fine, the court pronouncing the order or sentence shall
6-8 determine the person's risk level based on a recommendation
6-9 submitted to the court under Subsection (d) of this section and
6-10 ensure that the prerelease notification and registration
6-11 requirements specified in this section are conducted on the day of
6-12 entering the order or sentencing. If a representative of a
6-13 community supervision and corrections department or juvenile
6-14 probation department [representative] is available in court at the
6-15 time a court pronounces an order or [a] sentence under this
6-16 subsection [of deferred adjudication or community supervision], the
6-17 representative shall immediately obtain the person's risk level
6-18 from the court and conduct the prerelease notification and
6-19 registration requirements specified in this section. In any other
6-20 case in which the court pronounces an order or [a] sentence under
6-21 this subsection, the court shall designate another appropriate
6-22 individual to obtain the person's risk level from the court and
6-23 conduct the prerelease notification and registration requirements
6-24 specified in this section.
6-25 (d) On request by a court, a representative of a community
6-26 supervision and corrections department or juvenile probation
6-27 department shall submit to the court a recommendation as to the
7-1 appropriate risk level for a person who may be subject to
7-2 registration under this article. The representative shall
7-3 determine that risk level using the applicable risk assessment
7-4 instrument developed under this subsection. The Texas Department
7-5 of Criminal Justice, Texas Youth Commission, Texas Juvenile
7-6 Probation Commission, and Council on Sex Offender Treatment shall
7-7 consult and develop a standard risk assessment instrument for
7-8 adults and a standard risk assessment instrument for juveniles to
7-9 be used in determining risk levels under this subsection.
7-10 (e) [(d)] If a person who has a reportable conviction for an
7-11 offense described under Section 1(5)(I) or (J) of this article is
7-12 placed under the supervision of the pardons and paroles division of
7-13 the Texas Department of Criminal Justice or a community supervision
7-14 and corrections department under Article 42.11, Code of Criminal
7-15 Procedure, the division or community supervision and corrections
7-16 department shall conduct the prerelease notification and
7-17 registration requirements specified in this section on the date the
7-18 person is placed under the supervision of the division or community
7-19 supervision and corrections department.
7-20 (f) [(e)] Not later than the eighth day after receiving a
7-21 registration form under Subsection (b), (c), or (e) [(d)] of this
7-22 section, the local law enforcement authority shall verify the age
7-23 of the victim and the basis on which the person is subject to
7-24 registration under this article. If the [victim is a child younger
7-25 than 17 years of age and the] basis on which the person is subject
7-26 to registration is [not an adjudication of delinquent conduct or a
7-27 deferred adjudication and is not] a conviction for a felony offense
8-1 listed in Section 1(5) of this article, other than an offense under
8-2 Section 25.02, Penal Code, the authority shall immediately publish
8-3 notice in English and Spanish in at least one newspaper of general
8-4 circulation in the county in which the person subject to
8-5 registration intends to reside. The authority shall publish a
8-6 duplicate notice in the newspaper, with any necessary corrections,
8-7 during the week immediately following the week of initial
8-8 publication. Regardless [If the victim is a child younger than 17
8-9 years of age, regardless] of the basis on which the person is
8-10 subject to registration, the authority shall immediately provide
8-11 notice to the superintendent of public schools of the school
8-12 district in which the person subject to registration intends to
8-13 reside by mail to the district office.
8-14 (g) [(f)] The local law enforcement authority shall include
8-15 in the notice by publication in a newspaper the following
8-16 information only:
8-17 (1) the person's age and gender;
8-18 (2) a brief description of the offense for which the
8-19 person is subject to registration; and
8-20 (3) the municipality, street name, and zip code number
8-21 where the person intends to reside.
8-22 (h) [(g)] The local law enforcement authority shall include
8-23 in the notice to the superintendent of public schools any
8-24 information the authority determines is necessary to protect the
8-25 public, except:
8-26 (1) the person's social security number, driver's
8-27 license number, or telephone number; and
9-1 (2) any information that would identify the victim of
9-2 the offense for which the person is subject to registration.
9-3 SECTION 4. Sections 4(a), (b), (e), and (f), Article
9-4 6252-13c.1, Revised Statutes, are amended to read as follows:
9-5 (a) If a person required to register intends to change
9-6 address, the person shall, not later than the seventh day before
9-7 the intended change, report in person to the local law enforcement
9-8 authority with whom the person last registered and to the juvenile
9-9 probation officer, community supervision and corrections department
9-10 officer, or [the] parole officer supervising the person and
9-11 provide the authority and the officer with the person's anticipated
9-12 move date and new address.
9-13 (b) Not later than the third day after receipt of notice
9-14 under Subsection (a) of this section, the person's juvenile
9-15 probation officer, community supervision and corrections department
9-16 officer, or parole officer shall forward the information provided
9-17 under Subsection (a) of this section to the local law enforcement
9-18 authority with whom the person last registered and, if the person
9-19 intends to move to another municipality or county in this state, to
9-20 the applicable local law enforcement authority in that municipality
9-21 or county.
9-22 (e) If a person who reports to a local law enforcement
9-23 authority under Subsection (a) of this section does not move on or
9-24 before the anticipated move date or does not move to the new
9-25 address provided to the authority, the person shall:
9-26 (1) report to the local law enforcement authority with
9-27 whom the person last registered not later than the seventh day
10-1 after the anticipated move date and provide an explanation to the
10-2 authority regarding any changes in the anticipated move date and
10-3 intended residence; and
10-4 (2) report to the juvenile probation officer,
10-5 community supervision and corrections department officer, or [the]
10-6 parole officer supervising the person not less than weekly during
10-7 any period in which the person has not moved to an intended
10-8 residence.
10-9 (f) If the person moves to another municipality or county in
10-10 this state, the department shall inform the applicable local law
10-11 enforcement authority in the new area of the person's residence not
10-12 later than the third day after the date on which the department
10-13 receives information under Subsection (a) of this section. Not
10-14 later than the eighth day after the date on which the local law
10-15 enforcement authority is informed under Subsection (a) of this
10-16 section or under this subsection, the authority shall verify the
10-17 age of the victim and the basis on which the person is subject to
10-18 registration under this article. If the [victim is a child younger
10-19 than 17 years of age and the] basis on which the person is subject
10-20 to registration is [not an adjudication of delinquent conduct or a
10-21 deferred adjudication and is not] a conviction for a felony offense
10-22 listed in Section 1(5) of this article, other than an offense under
10-23 Section 25.02, Penal Code, the authority shall immediately publish
10-24 notice in English and Spanish in at least one newspaper of general
10-25 circulation in the county in which the person subject to
10-26 registration intends to reside. The local law enforcement
10-27 authority shall publish a duplicate notice in the newspaper, with
11-1 any necessary corrections, during the week immediately following
11-2 the week of initial publication. Regardless [If the victim is a
11-3 child younger than 17 years of age, regardless] of the basis on
11-4 which the person is subject to registration, the authority shall
11-5 immediately provide notice to the superintendent of public schools
11-6 of the school district in which the person subject to registration
11-7 intends to reside by mail to the district office.
11-8 SECTION 5. Section 5(a), Article 6252-13c.1, Revised
11-9 Statutes, is amended to read as follows:
11-10 (a) The department shall maintain a computerized central
11-11 database containing only the information required for registration
11-12 under this article and the risk level assigned to the person under
11-13 this article.
11-14 SECTION 6. Section 7, Article 6252-13c.1, Revised Statutes,
11-15 is amended to read as follows:
11-16 Sec. 7. FAILURE TO REGISTER. (a) A person commits an
11-17 offense if the person is required to register and fails to comply
11-18 with any requirement of this article.
11-19 (b) An offense under this section is a felony of the third
11-20 degree [Class A misdemeanor].
11-21 (c) If it is shown at the trial of a person for an offense
11-22 under this section that the person has previously been convicted of
11-23 an offense under this section, the person shall be punished for a
11-24 felony of the second [third] degree.
11-25 SECTION 7. Section 8, Article 6252-13c.1, Revised Statutes,
11-26 is amended to read as follows:
11-27 Sec. 8. APPLICABILITY; EXEMPTIONS. (a) This article
12-1 applies only to a reportable conviction or adjudication[:]
12-2 [(1)] occurring on or after[:]
12-3 [(A)] September 1, 1970, except that the
12-4 provisions of Section 3 and Section 4 of this article relating to
12-5 the requirement of newspaper publication apply only to:
12-6 (1) a reportable conviction or adjudication occurring
12-7 on or after September 1, 1997, if the conviction or adjudication
12-8 relates to:
12-9 (A) an offense under Section 21.07, 43.02,
12-10 43.03, 43.04, 43.05, 43.22, 43.23, or 43.251, Penal Code; or
12-11 (B) an offense in which the victim is a person
12-12 17 years of age or older; or
12-13 (2) a reportable conviction or adjudication occurring
12-14 on or after September 1, 1995, if the conviction or adjudication is
12-15 not a conviction or adjudication described by Subdivision (1) of
12-16 this subsection [1991, if the conviction is for or the adjudication
12-17 is based on an offense listed in Section 1(5)(A) of this article;]
12-18 [(B) September 1, 1993, if the conviction is for
12-19 or the adjudication is based on an offense listed in Section
12-20 1(5)(B) of this article; or]
12-21 [(C) September 1, 1995, if the conviction is for
12-22 an offense described under Section 1(5)(C), (D), (E), (F), (I), or
12-23 (J) of this article; or]
12-24 [(2) for which an order of deferred adjudication is
12-25 entered by the court on or after September 1, 1993].
12-26 (b) A person who has a reportable conviction or adjudication
12-27 for which the person is subject to registration under this article
13-1 may petition a district judge in the county where the person
13-2 resides or intends to reside for an exemption from this article.
13-3 After a hearing on the matter [If the person shows good cause], the
13-4 district judge may [shall] grant the exemption if the person
13-5 proves by a preponderance of the evidence specific facts indicating
13-6 that registration under this article would place the person's
13-7 health and well-being in immediate danger.
13-8 SECTION 8. Section 9, Article 6252-13c.1, Revised Statutes,
13-9 is amended to read as follows:
13-10 Sec. 9. EXPIRATION OF DUTY TO REGISTER. (a) The duty to
13-11 register for a person with a reportable conviction or adjudication
13-12 [under Section 1(5)(D) of this article] ends when the person dies
13-13 unless, before death, the duty to register ended under Subsection
13-14 (d).
13-15 (b) The duty to register for a person with a reportable
13-16 conviction or adjudication under Section 1(5)(A), (B), (F), (G),
13-17 (H), or (I) of this article based on an offense under Section 25.02
13-18 or 43.03, Penal Code, an attempt, conspiracy, or solicitation to
13-19 commit an offense under Section 25.02 or 43.03, Penal Code, or an
13-20 offense containing elements substantially similar to an offense
13-21 under Section 25.02 or 43.03, Penal Code, ends as provided by
13-22 Subsection (d) of this section.
13-23 (c) The duty to register for a person with a reportable
13-24 conviction or adjudication under Section 1(5)(E), (G), or (J) of
13-25 this article based on two violations of an offense under Section
13-26 21.07(a)(4), 21.08, 43.22, or 43.251, Penal Code, or two violations
13-27 of an offense containing elements substantially similar to an
14-1 offense under Section 21.07(a)(4), 21.08, 43.22, or 43.251, Penal
14-2 Code, ends as provided by Subsection (d) of this section.
14-3 (d) The duty to register for a person with a reportable
14-4 conviction or adjudication described by Subsection (b) or (c) of
14-5 this section ends:
14-6 (1) if the person's duty to register is based on an
14-7 adjudication of delinquent conduct, on the 10th anniversary of the
14-8 date on which[:]
14-9 [(1) the person ceases to be under the supervision of
14-10 the Texas Youth Commission, if the person was committed to the
14-11 Texas Youth Commission other than under a determinate sentence;]
14-12 [(2) the person is discharged from the Texas Youth
14-13 Commission or the Texas Department of Criminal Justice, whichever
14-14 date is later, if the person was committed to the Texas Youth
14-15 Commission under a determinate sentence; or]
14-16 [(3)] the disposition is made or the person completes
14-17 the terms of the disposition, whichever date is later; or
14-18 (2) if the person's duty to register is based on a
14-19 conviction or on an order of deferred adjudication, [if the person
14-20 received a disposition that did not include a commitment to the
14-21 Texas Youth Commission.]
14-22 [(b) The duty to register for a person with a reportable
14-23 conviction, other than a conviction for a violation of Section
14-24 21.11(a)(1), 22.021, or 43.25, Penal Code, ends] on the 10th
14-25 anniversary of the date on which the court dismisses the criminal
14-26 proceedings against the person and discharges the person, the
14-27 person is released from county jail, [the institutional division of
15-1 the Texas Department of Criminal Justice] or the person discharges
15-2 [parole or] community supervision, whichever date is later.
15-3 [(c) The duty to register for a person with a reportable
15-4 conviction or adjudication based on an order of deferred
15-5 adjudication under Section 1(5)(E) of this article, other than an
15-6 order of deferred adjudication for a violation of Section
15-7 21.11(a)(1), 22.021, or 43.25, Penal Code, ends on the 10th
15-8 anniversary of the date on which:]
15-9 [(1) the court dismisses the criminal proceedings
15-10 against the person and discharges the person; or]
15-11 [(2) the person is released from the institutional
15-12 division of the Texas Department of Criminal Justice or the person
15-13 discharges parole or community supervision, if the court proceeded
15-14 to final adjudication in the case.]
15-15 SECTION 9. Section 2(d), Article 6252-13c.1, Revised
15-16 Statutes, as added by Section 1, Chapter 676, Acts of the 74th
15-17 Legislature, Regular Session, 1995, is repealed.
15-18 SECTION 10. The change in law made by this Act to Section 7,
15-19 Article 6252-13c.1, Revised Statutes, applies only to an offense
15-20 committed on or after the effective date of this Act. An offense
15-21 committed before the effective date of this Act is covered by the
15-22 law in effect under Section 7, Article 6252-13c.1, Revised
15-23 Statutes, when the offense was committed, and the former law is
15-24 continued in effect for that purpose. For purposes of this
15-25 section, an offense was committed before the effective date of this
15-26 Act if any element of the offense occurred before that date.
15-27 SECTION 11. (a) The changes in law made by this Act to
16-1 Sections 8(a) and 9, Article 6252-13c.1, Revised Statutes, apply
16-2 only to a defendant who, with respect to an offense listed in
16-3 Section 1(5), Article 6252-13c.1, Revised Statutes, on or after the
16-4 effective date of this Act:
16-5 (1) is confined in a penal institution, as that term
16-6 is defined by Section 1(3), Article 6252-13c.1, Revised Statutes;
16-7 or
16-8 (2) is under the supervision and control of a juvenile
16-9 probation office or an agency or entity operating under contract
16-10 with a juvenile probation office, a community supervision and
16-11 corrections department, or the pardons and paroles division of the
16-12 Texas Department of Criminal Justice.
16-13 (b) A defendant who, on the effective date of this Act, is
16-14 not described by Subsection (a)(1) or (2) of this section is
16-15 covered by the law in effect under Sections 8(a) and 9, Article
16-16 6252-13c.1, Revised Statutes, before those sections were amended by
16-17 this Act, and the former law is continued in effect for that
16-18 purpose.
16-19 SECTION 12. This Act takes effect September 1, 1997.
16-20 SECTION 13. The importance of this legislation and the
16-21 crowded condition of the calendars in both houses create an
16-22 emergency and an imperative public necessity that the
16-23 constitutional rule requiring bills to be read on three several
16-24 days in each house be suspended, and this rule is hereby suspended.